In the world of work, we often hear the term "posted worker" used. While it is broadly understood that this refers to an employee who is required to move relatively far from his or her original place of work, the definition is not entirely clear.
So what exactly is a posted worker? What's behind the term, and what are its specific features? Here are some answers.
Worker status is a specific feature of the European Union. It allows a citizen of a European Union member country to work in a foreign EU member country. This employee is sent by his or her employer to another country to provide a service on a temporary basis.
Unlike a mobile worker, a posted worker does not settle in the country in question. They do not join the labor market. The assignment is purely temporary.
While on secondment, the worker is still covered by the social security system in his or her country of origin.
The duration of a seconded worker's assignment can vary from a few months to a few years. However, in 2021, a reform of the status of seconded workers, proposed by Emmanuel Macron, aimed to reduce this duration to just 12 months. It is possible to extend the duration by 6 months at the request of the company. This proposal has been accepted at European level and should be implemented during 2022.
The status of posted workers is regulated by a Directive of the European Parliament and of the Council of the European Union of 1996. A implementation directiveapproved in 2014, has tightened regulations around this topic. In addition, in 2018 a revision of rules on the posting of workers has been adopted to complete this status.
The aim of these regulations is not only to guarantee working rights and conditions within the European Union, but also to prevent social dumping. Social dumping is the practice of using foreign labor, because it is cheaper than local labor.
To avoid this, the law stipulates that seconded workers benefit from the minimum employment conditions of the country in which they will be working for the assignment in question. Thus, a worker seconded to France cannot be paid less than the SMIC, the minimum wage in force in that country.
In addition, the displaced worker can register with the French social security system, in order to benefit from health insurance.
To set up an employment contract for a seconded worker, you must first submit a secondment declaration to Dreets. This can be done electronically using the Sipsi" teleservice from the Ministry of Labor.
The employer must draw up an amendment to the employee's employment contract, the purpose of which is to organize the assignment abroad.
During their assignment abroad, seconded employees remain part of their company's workforce. There is therefore a relationship of subordination between the employer and the employee, who remains under the control of his or her management.
Temporary worker status is a real strength within the European Union. It strengthens ties between member countries and enables the exchange of workers with different qualifications.
However, European regulations on the subject of posted workers continue to be regularly reviewed, in order to avoid abuses!
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